2021-1920 RESOLUTION NO. 2021-1920
A resolution authorizing the acceptance of the donation and subsequent immediate
lease of two, separate, contiguous parcels of real property located at and/or near 1545
Sharon Street for public park and related public purposes.
WHEREAS, Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 62.11(5), Chapter 32, and
other pertinent Wisconsin Statutes permit the City's acquisition (by gift or otherwise),
development, ownership, protection, improvement, conservation, and public use of real
property for parkland, parks, and related public purposes, and,
WHEREAS, Evelyn A. Kealey and the Kealey Revocable Trust (the latter is the fee simple
owner) has agreed to donate (gift) two, separate, contiguous parcels of below described real
property consisting of approximately 1.64 acres of land (71,438 sf per assessor records) to
the City of Janesville and/or to Rotary Gardens, Inc., d/b/a Rotary Botanical Gardens, a
Wisconsin non-stock, non-profit, benevolent corporation, the latter which will then forthwith
convey the same two parcels to the City of Janesville at no cost or expense to the CoJ, for
public park and related public purposes; and
WHEREAS, the two parcels are located at or near 1545 Sharon Street in the City of
Janesville, County of Rock, State of Wisconsin 53545,
LEGAL DESCRIPTION: Lots 5, 6, 7 and 8 of Noyes and Smith's Addition; and all that part of
the South 1/2 of vacated Sharon Street lying adjacent to the North line of said lots; in the City
of Janesville, County of Rock and State of Wisconsin.
ALSO, all that part of the South % of the Southwest '/< of Section 31, T.3N., R.13E. of the 4th
P.M., in the City of Janesville, County of Rock and State of Wisconsin, bounded as follows:
On the North by the South line of Noyes and Smith's Addition; on the East by the East line of
said quarter section; and on the South and West by the centerline of the highway variously
known as Sheridan Avenue, Randall Avenue or Delavan Road. We have searched the
Register of Deeds records relative to the captioned real estate and the grantee in the most
recent recorded conveyance is: The James P. and Evelyn A. Kealey Revocable Trust dated
the 10th day of December, 1996, James P. Kealey and Evelyn A. Kealey, Trustees.
TAX PARCEL NO.: 02314.00350 241-0231400350
And 02314.00351 241-0231400351:
hereinafter the Subject Properties; and
WHEREAS, the Common Council will and hereby does forthwith add these two donated
parcels to the real property leased to Rotary Gardens, Inc., under a certain, current 99 year
Rotary Gardens Lease Agreement with the City of Janesville, which Agreement will be
amended accordingly by the City Administration to reflect the addition of these two parcels;
and
WHEREAS, the acceptance of this donation (gift) for the purpose of public parks and related
public purposes is consistent with the Parks and Open Space Plan and City of Janesville
Comprehensive Plan; and
RESOLUTION NO. 2021-1920
Page 2
WHEREAS, the Janesville Plan Commission has reviewed these proposed acquisitions and
uses at their meeting on November 15, 2021, and found it to be consistent with long range
City plans, noting they had not reviewed the financial aspects of the transactions; and
WHEREAS, the Common Council hereby find the donation, acceptance, and proposed public
purpose(s), use(s), and lease all in the best interests of the City of Janesville and of benefit
to the public.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville
that the City's acceptance of the donation (gift) and lease to Rotary Gardens, Inc., of the
Subject Properties is hereby approved and authorized; the City Manager and/or his
designee(s) may acquire and close upon the City's acquisition of the Subject Properties from
the fee simple, clear title owner(s) on behalf of the City of Janesville; and
BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s), on behalf of the
City of Janesville and its Common Council, is/are hereby authorized and empowered to
negotiate, draft, modify, review, execute, and enter into additional agreements, record, file,
and/or make minor modifications and/or amendments to any and all documents, papers,
forms, and agreements, and to take whatever other actions as the City Manager may
determine, from time to time and at any time, necessary and/or desirable to effectuate the
intent of this Resolution and/or the public good.
ADOPTED: December 13, 2021 Motion by: Consent
Second by: Consent
APPROVED: Councilmember Aye Nay Pass Absent
Benson X
Jackson X
Mard reitag, City Manager Johnson X
Marklein X
ATTEST: Marshick X
Miller X
Williams X
Lori Stottler, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Parks Division
Prepared by: City Attorney